State ex rel. Danaher v. Miller
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Proceeding in mandamus by tbe State on tbe relation of Mary M. Danaher against Sidney Miller, as register of state lands, and S. Y. Stewart, as president of tbe State Board of Land Commissioners. Judgment for defendants. Relatrix appeals from tbe judgment and an order denying a new trial.
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Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Proceeding in mandamus by tbe State on tbe relation of Mary M. Danaher against Sidney Miller, as register of state lands, and S. Y. Stewart, as president of tbe State Board of Land Commissioners. Judgment for defendants. Relatrix appeals from tbe judgment and an order denying a new trial. Respondents argue that tbe governor cannot be mandamused even to perform a ministerial duty. . That this argument is unsound has been settled in this state ever since tbe decision in tbe case of Chumasero v. Potts, 2 Mont. 242. (State…
1Opinion of the CourtJustice Holloway
At a sale of state lands held in Helena, the west half of section 16, township 14 north, range 9 west, was offered for sale in two separate parcels of 160 acres each. Mary M. Danaher was the only bidder for either parcel and was declared to be the purchaser of each at $10 per acre. She paid over to the register of state lands the first installment required by law, and thereafter at a regular meeting of the state board of land commissioners these sales were approved. The governor, as president of the board, and the register refused to issue a certificate of purchase to Mrs. Danaher, and this…
2Cases cited4 opinions
- Chumasero v. PottsMontana Supreme Court · 1875
- People Ex Rel. Durant Land Improvement Co. v. JerolomanNew York Court of Appeals · 1893
- State ex rel. Bailey v. EdwardsMontana Supreme Court · 1910
- State ex rel. Donovan v. BarretMontana Supreme Court · 1904
3Cited by11 opinions
- State Ex Rel. King v. LyonsNew Mexico Supreme Court · 2011
- State Ex Rel. School District No. 29 v. CooneyMontana Supreme Court · 1936
- State Ex Rel. O'Connor v. McCarthyMontana Supreme Court · 1929
- State Ex Rel. Larsen v. District CourtMontana Supreme Court · 1927
- State ex rel. Belker v. Board of Educational Lands & FundsNebraska Supreme Court · 1969
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